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Buffalo County Nonmetallic
Mining Ordinance
BUFFALO COUNTY NON-METALLIC MINING ORDINANCE
TABLE OF CONTENTS
PART I - GENERAL
SECTION 1 Title.
SECTION 2 Purpose.
SECTION 3 Statutory Authority.
3.10 Future Statutory Amendments, Revisions and Modifications
SECTION 4 Restrictions Adopted Under Other Authority.
SECTION 5 Interpretation.
SECTION 6 Severability.
SECTION 7 Applicability.
7.10 Overall Applicability.
7.20 Exemptions.
SECTION 8 Administration.
SECTION 9 Effective Date.
SECTION 10 Definitions.
PART II - STANDARDS
SECTION 11 Standards.
11.10 General Standards.
11.20 Surface Water and Wetlands Protection.
11.30 Groundwater Protection.
11.40 Topsoil Management.
11.50 Final Grading and Slopes.
11.60 Topsoil Redistribution for Reclamation.
11.70 Revegetation and Site Stabilization.
11.80 Assessing Completion of Successful Reclamation.
11.90 Intermittent Mining.
11.100 Maintenance.
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PART III - PERMITTING
SECTION 12 Nonmetallic Mining Reclamation Permit Application Required.
12.10 Required Submittal.
12.20 Reclamation Permit Application Contents.
SECTION 13 Reclamation Plan.
13.10 Reclamation Plan Required.
13.20 Site Information.
13.30 Post-Mining Land Use.
13.40 Reclamation Measures
13.50 Criteria For Successful Reclamation.
13.60 Certification of Reclamation Plan.
13.70 Existing Plans and Approvals.
13.80 Approval of Reclamation Plan.
SECTION 14 Financial Assurance.
14.10 Financial Assurance Requirements.
14.20 Private Nonmetallic Mines.
14.30. Public Nonmetallic Mining.
SECTION 15 Public Notice and Right of Hearing.
15.10 Reclamation Plan Hearing.
15.20 Local Transportation-Related Mines.
SECTION 16 Issuance of a Nonmetallic Mining Reclamation Permit.
16.10 Permit Required.
16.20 Permit Issuance
16.30 Automatic Permit for Local Transportation-Related Mines.
16.40 Expedited Review.
16.50 Permit Conditions.
SECTION 17 Permit Denial.
SECTION 18 Alternative Requirements.
18.10 Scope of Alternative Requirements Approvable.
18.20 Procedures.
18.30 Board of Adjustment
18.40 Transmittal of Decision on Request for Alternate
Requirements.
18.50 Notice to Wisconsin Department of Natural Resources.
SECTION 19 Permit Duration.
SECTION 20 Permit Transfer.
SECTION 21 Previously Permitted Sites.
SECTION 22 Review.
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PART IV - ADMINISTRATION
SECTION 23 Permit Modification.
23.10 By Buffalo County
23.20 At the Operator’s Option.
23.30 Required by the Operator.
23.40 Review.
SECTION 24 Permit Suspension or Revocation.
24.10 Grounds.
24.20 Procedures.
24.30 Consequences.
SECTION 25 Annual Operator Reporting.
25.10 Contents and Deadline.
25.20 Inspection in Lieu of Report.
25.30 Retention of Annual Reports.
SECTION 26 Board of Adjustment/Department Fees
SECTION 27 Plan Review Fees.
27.10 Amount and Applicability.
27.20 Expedited Plan Review Fee.
27.30 Relation to Annual Fee.
SECTION 28 Annual Fees.
28.10 Areas Subject to Fees, Procedures, Deadline and Amount.
28.20 Wisconsin Department of Natural Resources Share of Fee.
28.30 Buffalo County's Share of Fee.
28.40 Reduced Fee for Inactive Mines.
28.50 Documentation of Buffalo County’s Share of Fee.
SECTION 29 Regulatory Reporting and Documentation.
29.10 Reporting.
29.20 Documentation.
SECTION 30 Completed Reclamation - Reporting, Certification and Effect.
30.10 Reporting.
30.20 Reporting of Interim Reclamation.
30.30 Certification of Completed Reclamation.
30.40 Effect of Completed Reclamation.
30.50 Effect of Inaction Following Report of Completed
Reclamation.
SECTION 31 Permit Termination.
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PART V - ENFORCEMENT
SECTION 32 Right of Entry and Inspection.
SECTION 33 Orders.
33.10 Enforcement Orders.
33.20 Special Orders.
33.30 Review of Orders
33.40 Enforcement
SECTION 34 Penalties.
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PART I - GENERAL
SECTION 1
1.00 Title. Buffalo County Nonmetallic Mining Ordinance.
SECTION 2
2.00 Purpose. The purpose of this chapter is to establish a local program to ensure the
effective reclamation of nonmetallic mining sites on which nonmetallic mining takes
place in Buffalo County after the effective date of this chapter, in compliance with
Chapter NR 135, Wisconsin Administrative Code and Subchapter I of Chapter 295,
Wisconsin Statutes.
SECTION 3
3.00 Statutory Authority. This chapter is adopted under authority of Section 295.13(1)
Wisconsin Statutes, Section NR 135.32 Wisconsin Administrative Code, and Section
62.11(3), Wisconsin Statutes Section 59.51, Wisconsin Statutes.
3.10 Future Statutory Amendments, Revisions and Modifications. Any future
amendments, revisions or modifications of statutes or regulations cited herein are
incorporated herein and made part of this ordinance.
SECTION 4
4.00 Restrictions Adopted Under Other Authority. The purpose of this chapter is to adopt
and implement the uniform statewide standards for nonmetallic mining required by
Section 295.12(1)(a), Stats. and contained in Chapter NR 135, Wisconsin Administrative
Code. It is not intended that this chapter repeal, abrogate, annul, impair or interfere with
any existing rules, regulation, ordinances or permits not concerning nonmetallic mining
reclamation previously adopted pursuant to other Wisconsin law.
SECTION 5
5.00 Interpretation. In their interpretation and application, the provisions of this chapter
shall be held to be the applicable requirements for nonmetallic mining reclamation and
shall not be deemed a limitation or repeal of any other power granted by the Wisconsin
Statutes outside the reclamation requirements for nonmetallic mining sites required by
subchapter I of Chapter 295, Wisconsin Statutes and Chapter NR 135, Wisconsin
Administrative Code. Where any terms or requirements of this chapter may be
inconsistent or conflicting, the more restrictive requirements or interpretation shall apply.
Where a provision of this chapter is required by Wisconsin Statutes, or by a standard in
Chapter NR 135, Wisconsin Administrative Code, and where the provision is unclear, the
provision shall be interpreted to be consistent with the Wisconsin Statutes and the
provisions of Chapter NR 135, Wisconsin Administrative Code.
SECTION 6
6.00 Severability. Should any portion of this ordinance be declared unconstitutional or
invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be
affected.
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SECTION 7
7.00 Applicability.
7.10 Overall Applicability. The requirements of this chapter apply to all operators of
nonmetallic mining sites within Buffalo County except as exempted in sub. 7.20 and for
nonmetallic mining sites located in a city, village or town within Buffalo County that has
adopted an ordinance pursuant to Section 295.14, Wisconsin Statutes, and Section NR
135.32(2), Wisconsin Administrative Code. This chapter does not apply to nonmetallic
mining sites where nonmetallic mining permanently ceased before August 1, 2001. This
chapter applies to nonmetallic mining conducted by or on behalf of a county,
municipality or for the benefit or use of the state or any state agency, board, commission
or department, except for the waiver of financial assurance in sub. 14.30.
7.20 Exemptions. This chapter does not apply to the following activities:
(1) Nonmetallic mining at a site or that portion of a site that is subject to permit and
reclamation requirements of the Wisconsin Department of Natural Resources under
secs. 30.19, 30.195 or 30.20, Stats., and complies with Chapter NR 340, Wisconsin
Administrative Code.
(2) Excavations subject to the permit and reclamation requirements of secs. 30.30 or
30.31, Stats.
(3) Excavations or grading by a person solely for domestic or farm use at that person's
residence or farm.
(4) Excavations or grading conducted for the construction, reconstruction, maintenance
or repair of a highway, railroad, airport facility, or any other transportation facility
where the excavation or grading is entirely within the property boundaries of the
transportation facility.
(5) Grading conducted for preparing a construction site or restoring land following a
flood or natural disaster.
(6) Excavations for building construction purposes conducted on the building site.
(7) Nonmetallic mining at nonmetallic mining sites where less than one acre of total
affected acreage occurs over the life of the mine.
(8) Any mining operation, the reclamation of which is required in a permit obtained
under ch. 293, Stats.
(9) Any activities required to prepare, operate or close a solid waste disposal facility
under ch. 289, Stats., or a hazardous waste disposal facility under ch. 291, Stats.,
that are conducted on the property where the facility is located, but an applicable
nonmetallic mining reclamation ordinance and the standards established in this
chapter apply to activities related to solid waste or hazardous waste disposal that are
conducted at a nonmetallic mining site that is not on the property where the solid
waste or hazardous waste disposal facility is located, such as activities to obtain
nonmetallic minerals to be used for lining, capping, covering or constructing berms,
dikes or roads.
(10) Nonmetallic mining subject to WIDOT restoration requirements:
(a) Nonmetallic mining conducted to obtain stone, soil, sand or gravel for
construction, reconstruction, maintenance or repair of a highway, railroad,
airport, or any other transportation facility or part thereof, if the nonmetallic
mining is subject to the requirements of the Wisconsin Department of
Transportation concerning the restoration of the nonmetallic mining site.
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(b) This exemption only applies to a nonmetallic mining operation with limited
purpose and duration where the Wisconsin Department of Transportation
actively imposes reclamation requirements and the operator reclaims the
nonmetallic mining site in accordance with these requirements. The duration
of the exemption shall be specific to the length of the Wisconsin Department
of Transportation contract for construction of a specific transportation project.
(c) If a nonmetallic mining site covered under pars. (a) and (b) is used to
concurrently supply materials for projects unrelated to the Wisconsin
Department of Transportation project, the exemption in this paragraph still
applies, provided that the site is fully reclaimed under Wisconsin Department
of Transportation contract and supervision.
(11) Dredging for navigational purposes, to construct or maintain farm drainage ditches
and for the remediation of environmental contamination and the disposal of spoils
from these activities.
SECTION 8
8.00 Administration. The provisions of this chapter shall be administered by the Buffalo
County Nonmetallic Mining Department.
SECTION 9
9.00 Effective Date. The provisions of this chapter shall take effect on May 24, 2007.
SECTION 10
10.00 Definitions. In this chapter:
(1) "Alternative requirement" means an alternative to the reclamation standards of this
chapter provided through a written authorization granted by the Buffalo County
Nonmetallic Mining Department after approval from the Buffalo County Board of
Adjustment, pursuant to s. 18.
(2) "Applicable reclamation ordinance" means a nonmetallic mining reclamation
ordinance, including this chapter, that applies to a particular nonmetallic mining site
and complies with the requirements of this Chapter NR 135, Wisconsin
Administrative Code and subchapter I of ch. 295, Stats.
(3) "Borrow site" means an area outside of a transportation project site from which
stone, soil, sand or gravel is excavated for use at the project site, except the term
does not include commercial sources.
(4) "Contemporaneous reclamation" means the sequential or progressive reclamation of
portions of the nonmetallic mining site affected by mining operations that is
performed in advance of final site reclamation, but which may or may not be final
reclamation, performed to minimize the area exposed to erosion, at any one time, by
nonmetallic mining activities.
(5) "Department" means the Wisconsin Department of Natural Resources.
(6) “Environmental pollution” has the meaning in s. 295.11(2), Stats.
(7) "Financial assurance" means a commitment of funds or resources by an operator to
a regulatory authority that satisfies the requirements in s. 14 and is sufficient to pay
for reclamation activities required by this chapter.
(8) “Highwall” means a vertical or nearly vertical face in solid rock or a slope of
consolidated or unconsolidated material that exceeds 3:1.
(9) "Landowner" means the person who has title to land in fee simple or who holds a
land contract for the land. A landowner is not a person who owns nonmetallic
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mineral rights to land, if a different person possesses title to that land in fee simple
or holds a land contract for that land.
(10) “Licensed professional geologist” means a person who is licensed as a professional
geologist pursuant to ch. 470, Stats.
(11) "Municipality" means any city, town or village.
(12) "Nonmetallic mineral" means a product, commodity or material consisting
principally of naturally occurring, organic or inorganic, nonmetallic, nonrenewable
material. Nonmetallic minerals include, but are not limited to, stone, sand, gravel,
asbestos, beryl, diamond, clay, coal, feldspar, peat, talc and topsoil.
(13) "Nonmetallic mining" or "mining" means all of following:
a. Operations or activities at a nonmetallic mining site for the extraction from the
earth of mineral aggregates or nonmetallic minerals for sale or use by the
operator. Nonmetallic mining includes use of mining equipment or
techniques to remove materials from the in-place nonmetallic mineral deposit,
including drilling and blasting, as well as associated activities such as
excavation, grading and dredging. Nonmetallic mining does not include
removal from the earth of products or commodities that contain only minor or
incidental amounts of nonmetallic minerals, such as commercial sod,
agricultural crops, ornamental or garden plants, forest products, Christmas
trees or plant nursery stock.
b. Processes carried out at nonmetallic mining sites that are related to the
preparation or processing of the mineral aggregates or nonmetallic minerals
obtained from the nonmetallic mining site. These processes include, but are
not limited to stockpiling of materials, blending mineral aggregates or
nonmetallic minerals with other mineral aggregates or nonmetallic minerals,
blasting, grading, crushing, screening, scalping and dewatering.
(14) "Nonmetallic mining reclamation" or "reclamation" means the rehabilitation of a
nonmetallic mining site to achieve a land use specified in a nonmetallic mining
reclamation plan approved under this chapter, including removal or reuse of
nonmetallic mining refuse, grading of the nonmetallic mining site, removal, storage
and replacement of topsoil, stabilization of soil conditions, reestablishment of
vegetative cover, control of surface water and groundwater, prevention of
environmental pollution and if practicable the restoration of plant, fish and wildlife
habitat.
(15) "Nonmetallic mining refuse" means waste soil, rock and mineral, as well as other
natural site material resulting from nonmetallic mining. Nonmetallic mining refuse
does not include marketable by-products resulting directly from or displaced by the
nonmetallic mining that are scheduled to be removed from the nonmetallic mining
site within a reasonable period of time after extraction.
(16) "Nonmetallic mining site" or "site" means all contiguous areas of present or
proposed mining described in par. (a), subject to the qualifications in par. (b).
a. Nonmetallic mining site means the following:
i. The location where nonmetallic mining is proposed or conducted.
ii. Storage and processing areas that are in or contiguous to areas
excavated for nonmetallic mining.
iii. Areas where nonmetallic mining refuse is deposited.
iv. Areas affected by activities such as the construction or improvement of
private roads or haulage ways for nonmetallic mining.
v. Areas where grading or regrading is necessary.
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vi. Areas where nonmetallic mining reclamation activities are carried out
or structures needed for nonmetallic mining reclamation, such as
topsoil stockpile areas, revegetation test plots, or channels for surface
water diversion, are located.
b. "Nonmetallic mine site" does not include any of the following areas:
i. Those portions of sites listed in par. (a) not used for nonmetallic
mining or purposes related to nonmetallic mining after August 1, 2001.
ii. Separate, previously mined areas that are not used for nonmetallic
mineral extraction after August 1, 2001 and are not contiguous to mine
sites, including separate areas that are connected to active mine sites
by public or private roads.
iii. Areas previously mined but used after August 1, 2001 for a non-
mining activity, such as stockpiles of materials used for an industrial
process unrelated to nonmetallic mining.
(17) "Operator" means any person who is engaged in, or who has applied for a permit to
engage in, nonmetallic mining, whether individually, jointly or through subsidiaries,
agents, employees, contractors or subcontractors.
(18) “Person” means an individual, owner, operator, corporation, limited liability
company, partnership, association, county, municipality, interstate agency, state
agency or federal agency.
(19) "Registered professional engineer" means a person who is registered as a
professional engineer pursuant to s. 443.04, Stats.
(20) "Regulatory authority" means one of the following:
a. The county in which the nonmetallic mining site is located, that has an
applicable reclamation ordinance under s. 295.13, Stats., except where a
municipality has adopted an applicable reclamation ordinance pursuant to par.
(b).
b. The municipality in which the nonmetallic mining site is located and which
has adopted an applicable reclamation ordinance under s. 295.14, Stats.
c. The department, in cases where a county mining reclamation program is no
longer in effect under s. 295.14, Stats., but only if there is no applicable
reclamation ordinance enacted by the municipality in which the nonmetallic
mining site is located.
(21) "Replacement of topsoil" means the replacement or redistribution of topsoil or
topsoil substitute material to all areas where topsoil was actually removed or
affected by nonmetallic for the purposes of providing adequate vegetative cover and
stabilization of soil conditions needed to achieve the approved post-mining land use
and as required by the reclamation plan approved pursuant to this chapter.
(22) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant or air pollution control facility and other discarded or
salvageable materials, including solid, liquid, semisolid or contained gaseous
materials resulting from industrial, commercial, mining and agricultural operations,
and from community activities, but does not include solids or dissolved material in
domestic sewage, or solid or dissolved materials in irrigation return flows or
industrial discharges which are point sources subject to permits under ch. 283,
Stats., or source material, special nuclear material or by-product material, as defined
in s. 254.31 (1), Stats.
(23) "Topsoil" means the surface layer of soil which is generally more fertile than the
underlying soil layers, which is the natural medium for plant growth and which can
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provide the plant growth, soil stability and other attributes necessary to meet the
success standards approved in the reclamation plan.
(24) "Topsoil substitute material" means soil or other unconsolidated material either
used alone or mixed with other beneficial materials and which can provide the plant
growth, site stability and other attributes necessary to meet the success standards
approved in the reclamation plan.
(25) "Unreclaimed acre" or "unreclaimed acres"
a. "Unreclaimed acre" or "unreclaimed acres" means those unreclaimed areas in
which nonmetallic mining has occurred after August 1, 2001 and areas where
nonmetallic mining reclamation has been completed but is not yet certified as
reclaimed under sub. 30.30. However the term does not include any areas
described in par. (b).
b. "Unreclaimed acre" or "unreclaimed acres" does not include:
i. Those areas where reclamation has been completed and certified as
reclaimed under sub. 30.30.
ii. Those areas previously affected by nonmetallic mining but which are
not used for nonmetallic mining after August 1, 2001.
iii. Those portions of nonmetallic mining sites, which are included in a
nonmetallic mining reclamation plan approved pursuant to this chapter
but are not yet affected by nonmetallic mining.
iv. Areas previously mined but used after August 1, 2001 for a non-
mining activity, such as stockpiling of materials used for an industrial
activity such as an asphalt plant, concrete batch plant, block and tile
operation or other industry that uses products produced from
nonmetallic mining.
v. For purposes of fees under s. 28, those areas within a nonmetallic
mining site which the Nonmetallic Mining Department has determined
to have been successfully reclaimed on an interim basis in accordance
with sub. 30.30.
PART II – STANDARDS
SECTION 11
11.00 Standards. All nonmetallic mining sites subject to this chapter shall be reclaimed in
conformance with the standards contained below.
11.10 General Standards
(1) REFUSE AND OTHER SOLID WASTES. Nonmetallic mining refuse shall be
reused in accordance with a reclamation plan. Other solid wastes shall be disposed
of in accordance with applicable rules of the Wisconsin Department of Natural
Resources adopted pursuant to chs. 289 and 291, Stats.
(2) AREA DISTURBED AND CONTEMPORANEOUS RECLAMATION.
Nonmetallic mining reclamation shall be conducted, to the extent practicable, to
minimize the area disturbed by nonmetallic mining and to provide for nonmetallic
mining reclamation of portions of the nonmetallic mining site while nonmetallic
mining continues on other portions of the nonmetallic mining site.
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(3) PUBLIC HEALTH, SAFETY AND WELFARE. All nonmetallic mining sites shall
be reclaimed in a manner so as to comply with federal, state and local regulations
governing public health, safety and welfare.
(4) HABITAT RESTORATION. When the land use required by the reclamation plan
approved pursuant to this chapter requires plant, fish or wildlife habitat, it shall be
restored, to the extent practicable, to a condition at least as suitable as that, which
existed before the lands were affected by nonmetallic mining operations.
(5) COMPLIANCE WITH ENVIRONMENTAL REGULATIONS. Reclamation of
nonmetallic mining sites shall comply with any other applicable federal, state and
local laws including those related to environmental protection, zoning and land use
control.
11.20 Surface Water and Wetlands Protection. Nonmetallic mining reclamation shall be
conducted and completed in a manner that assures compliance with the Wisconsin
Department of Natural Resources’ water quality standards for surface waters and
wetlands contained in Chapters NR 102 to NR 105, Wisconsin Administrative Code.
Before disturbing the surface of a nonmetallic mining site and removing topsoil, all
necessary measures for diversion and drainage of runoff from the site to prevent pollution
of waters of the state shall be installed in accordance with the reclamation plans approved
pursuant to this chapter. Diverted or channelized runoff resulting from reclamation may
not adversely affect neighboring properties.
11.30 Groundwater Protection
(1) GROUNDWATER QUANTITY. A nonmetallic mining site shall be reclaimed in a
manner that does not cause a permanent lowering of the water table that results in
adverse effects on surface waters or a significant reduction in the quantity of
groundwater reasonably available for future users of groundwater.
(2) GROUNDWATER QUALITY. Nonmetallic mining reclamation shall be
conducted in a manner, which does not cause groundwater quality standards in
Chapter NR 140, Wisconsin Administrative Code to be exceeded at a point of
standards application defined in that chapter.
11.40 Topsoil Management
(1) REMOVAL. Topsoil and topsoil substitute material shall be provided as specified
in the reclamation plan approved pursuant to this chapter in order to achieve
reclamation to the approved post-mining land use. Removal of on-site topsoil and
topsoil substitute material removal, when specified in the reclamation plan, shall be
performed, prior to any mining activity associated with any specific phase of the
mining operation.
(2) VOLUME. The operator shall obtain the volume of soil required to perform final
reclamation by removal of on-site topsoil or topsoil substitute material or by
obtaining topsoil or substitute material as needed to make up the volume of topsoil
as specified in the reclamation plan approved pursuant to this chapter.
(3) STORAGE. Once removed, topsoil or topsoil substitute material shall, as required
by the reclamation plan approved pursuant to this chapter, either be used in
contemporaneous reclamation or stored in an environmentally acceptable manner.
The location of stockpiled topsoil or topsoil substitute material shall be chosen to
protect the material from erosion or further disturbance or contamination. Runoff
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water shall be diverted around all locations in which topsoil or topsoil substitute
material is stockpiled.
11.50 Final grading and slopes
(1) All areas affected by mining shall be addressed in the approved reclamation plan,
pursuant to s. 13 to provide that a stable and safe condition consistent with the post-
mining land use is achieved. The reclamation plan may designate highwalls or other
unmined and undisturbed natural solid bedrock as stable and safe and not in need of
reclamation or designate other areas affected by mining including slopes comprised
of unconsolidated materials that exceed a 3:1 slope, whether or not graded, as stable
and safe. For slopes designated as stable under this subsection, the regulatory
authority may require that either: a site-specific engineering analysis be performed
by a registered professional engineer to demonstrate that an acceptable slope
stability factor is attainable at a steeper slope, or the operator perform a field test
plot demonstration to demonstrate that a stable and safe condition will be achieved
and that the post-mining land use specified in the reclamation plan will not be
adversely affected.
(2) Final reclaimed slopes covered by topsoil or topsoil substitute material may not be
steeper than a 3:1 horizontal to vertical incline, unless found acceptable through one
or more of the following: alternative requirements are approved under s. 18; steeper
slopes are shown to be stable through a field plot demonstration approved as part of
an approved reclamation plan; or stable slopes can be demonstrated based on site-
specific engineering analysis performed by a registered professional engineer. All
areas in the nonmetallic mine site where topsoil or topsoil substitute material is to
be reapplied shall be graded or otherwise prepared prior to topsoil or topsoil
substitute material redistribution to provide the optimum adherence between the
topsoil or topsoil substitute material and the underlying material.
(3) When the approved post-mining land use includes a body of water, the approved
final grade at the edge of a body of water shall extend vertically 6 feet below the
lowest seasonal water level. A slope no steeper than 3:1 shall be created at a
designated location or locations, depending on the size of the water body to allow
for a safe exit.
11.60 Topsoil Redistribution for Reclamation. Topsoil or topsoil substitute material shall
be redistributed in accordance with the reclamation plan approved pursuant to this
chapter in a manner, which minimizes compaction and prevents erosion. Topsoil or
topsoil substitute material shall be uniformly redistributed except where uniform
redistribution is undesirable or impractical. Topsoil or topsoil substitute material
redistribution may not be performed during or immediately after a precipitation event
until the soils have sufficiently dried.
11.70 Revegetation and Site Stabilization. Except for permanent roads or similar surfaces
identified in the reclamation plan approved pursuant to this chapter, all surfaces affected
by nonmetallic mining shall be reclaimed and stabilized by revegetation or other means.
Revegetation and site stabilization shall be in accordance with the approved reclamation
plan and shall be performed as soon as practicable after mining activity has permanently
ceased in any part of the mine site.
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11.80 Assessing Completion of Successful Reclamation
(1) The criteria for assessing when reclamation is complete and, therefore, when the
financial assurance may be released shall be specified in the reclamation plan
approved pursuant to this chapter. Criteria to evaluate reclamation success shall be
quantifiable.
(2) Compliance with the revegetation success standards in the approved reclamation
plan shall be determined by:
a. On-site inspections by the Buffalo County Nonmetallic Mining Department or
its agent;
b. Reports presenting results obtained during reclamation evaluations including
summarized data on revegetation, photo-documentation or other evidence that
the criteria approved in the reclamation plan to ascertain success have been met;
or
c. A combination of inspections and reports.
(3) In those cases where the post mining land use specified in the reclamation plan
requires a return of the mining site to a pre-mining condition, the operator shall
obtain baseline data on the existing plant community for use in the evaluation of
reclamation success pursuant to this section.
(4) Revegetation success may be determined by:
a. Comparison to an appropriate reference area;
b. Comparison to baseline data acquired at the mining site prior to its being
affected by mining; or
c. Comparison to an approved alternate technical standard.
(5) Revegetation using a variety of plants indigenous to the area is favored.
11.90 Intermittent Mining. Intermittent mining may be conducted provided that the
possibility of intermittent cessation of operations is addressed in an operator's
reclamation permit, no environmental pollution or erosion of sediments is occurring, and
financial assurance for reclamation pursuant to s. 14 is maintained covering all remaining
portions of the site that have been affected by nonmetallic mining and that have not been
reclaimed.
11.100 Maintenance. During the period of the site reclamation, after the operator has stated that
reclamation is complete but prior to release of financial assurance, the operator shall
perform any maintenance necessary to prevent erosion, sedimentation or environmental
pollution, comply with the standards of this subchapter, or to meet the goals specified in
the reclamation plan approved pursuant to this chapter.
PART III - PERMITTING
SECTION 12
12.00 Nonmetallic Mining Reclamation Permit Application Required. No person may
engage in nonmetallic mining or in nonmetallic mining reclamation without possessing a
nonmetallic mining reclamation permit issued pursuant to the applicable reclamation
ordinance unless the activity is specifically exempted in subs. 7.10, 7.20 or 10(16)(b).
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12.10 Required Submittal. All operators of nonmetallic mining sites shall apply for a
reclamation permit from the Buffalo County Nonmetallic Mining Department. All
applications for reclamation permits under this section shall be accompanied by the
following information:
(1) A brief description of the general location and nature of the nonmetallic mine.
(2) A legal description of the property on which the nonmetallic mine is located or
proposed, including the parcel identification number(s).
(3) The names, addresses and telephone numbers of all persons or organizations who are
owners or lessors of the property on which the nonmetallic mining site is located.
(4) The name, address and telephone number of the person or organization who is the
operator.
(5) A certification by the operator of his or her intent to comply with the statewide
nonmetallic mining reclamation standards established by Part II.
12.20 Reclamation Permit Application Contents. The operator of any nonmetallic mine site
shall submit an application that meets the requirements specified below to the
Nonmetallic Mining Department prior to beginning operations.
(1) The information required by sub. 12.10.
(2) The plan review and annual fees required by secs. 27 and 28 .
(3) A reclamation plan conforming to s. 13.
(4) A certification that the operator will provide, as a condition of the reclamation
permit, provide financial assurance as required by s. 14 upon granting of the
reclamation permit and before mining begins.
(5) To avoid duplication, the permit application and submittals required under this
subsection may, by reference, incorporate existing plans or materials that meet the
requirements of this chapter.
SECTION 13
13.00 Reclamation Plan.
13.10 Reclamation Plan Required. All operators who conduct or plan to conduct nonmetallic
mining shall submit to the Nonmetallic Mining Department a reclamation plan that meets
all of the following requirements and complies with the reclamation standards of Part II.
13.20 Site Information. The reclamation plan shall include information sufficient to describe
the existing natural and physical conditions of the site, including, but not limited to:
(1) Maps of the nonmetallic mining site including the general location, property
boundaries, the areal extent, geologic composition and depth of the nonmetallic
mineral deposit, the distribution, thickness and type of topsoil, the location of
surface waters and the existing drainage patterns, the approximate elevation of
ground water, as determined by existing hydrogeologic information. In specific
instances where the existing hydrogeologic information is insufficient for purposes
of the reclamation plan, the applicant may supplement the information with the
opinion of a licensed professional geologist or hydrologist.
(2) Topsoil or topsoil substitute material, if required to support revegetation needed for
reclaiming the site to approved post-mining land use, can be identified using county
soil surveys or other available information including that obtained from a soil
scientist or the University of Wisconsin soil science extension agent or other
available information resources.
14
(3) Information available to the mine operator on biological resources, plant
communities, and wildlife use at and adjacent to the proposed or operating mine
sites.
(4) Existing topography as shown on contour maps of the site at 5’contour intervals
unless otherwise approved or requested by the Buffalo County Non-Metallic
Mining Department.
(5) Location of manmade features on or near the site.
(6) For proposed nonmetallic mining sites that include previously mined areas, a plan
view drawing showing the location and extent of land previously affected by
nonmetallic mining, including the location of stockpiles, wash ponds and sediment
basins.
13.30 Post-Mining Land Use. The reclamation plan shall specify a proposed post-mining land
use for the nonmetallic mine site. The proposed post-mining land use shall be consistent
with local land use plans and local zoning at the time the plan is submitted, unless a
change to the land use plan or zoning is proposed. The proposed post-mining land use
shall also be consistent with all applicable local, state, or federal laws in effect at the time
the plan is submitted.
13.40 Reclamation Measures. The reclamation plan shall include a description of the
proposed reclamation, including methods and procedures to be used and a proposed
schedule and sequence for the completion of reclamation activities for various stages of
reclamation of the nonmetallic mining site. The following shall be included:
(1) A description of the proposed earthwork and reclamation, including final slope
angles, high wall reduction, benching, terracing and other structural slope
stabilization measures and if necessary a site-specific engineering analysis
performed by a registered professional engineer as provided by subs. 11.50 (1) or
(2).
(2) The methods of topsoil or topsoil substitute material removal, storage, stabilization
and conservation that will be used during reclamation.
(3) A plan or map which shows anticipated topography of the reclaimed site and any
water impoundments or artificial lakes needed to support the anticipated future land
use of the site.
(4) A plan or map which shows surface structures, roads and related facilities after the
cessation of mining.
(5) The estimated cost of reclamation for each stage of the project or the entire site if
reclamation staging is not planned.
(6) A revegetation plan, which shall include timing and methods of seedbed
preparation, rates and kinds of soil amendments, seed application timing, methods
and rates, mulching, netting and any other techniques needed to accomplish soil and
slope stabilization.
(7) Quantifiable standards for revegetation adequate to show that a sustainable stand of
vegetation has been established which would support the approved post-mining
land use. Standards for revegetation may be based on the percent vegetative cover,
productivity, plant density, diversity or other applicable measures.
(8) A plan and, if necessary, a narrative showing erosion control measures to be
employed during reclamation activities. These shall address how reclamation
activities will be conducted to minimize erosion and pollution of surface and
groundwater.
15
(9) A description of any areas, which will be, reclaimed on an interim basis sufficient
to qualify for the waiver of fees pursuant to subs. 30.20 and 30.40 and which will be
subsequently disturbed prior to final reclamation. Descriptions shall include an
identification of the proposed areas involved, methods of reclamation to comply
with the standards in Part II and timing of interim and final reclamation.
(10) A description of how the reclamation plan addresses the long-term safety of the
reclaimed mining site. The description shall include a discussion of site-specific
safety measures to be implemented at the site and include measures that address
public safety with regard to adjacent land uses.
a. Safety measures include: visual warnings, physical barriers, slope
modifications such as reclamation blasting, scaling of the rock face, creation
of benches. Other measures may be employed if found to be equivalent by a
registered professional engineer.
13.50 Criteria for Successful Reclamation. The reclamation plan shall contain criteria for
assuring successful reclamation in accordance sub. 11.80.
13.60 Certification of Reclamation Plan. The operator shall provide a signed certification
that reclamation will be carried out in accordance with the reclamation plan. If the
operator does not own the land, the landowner or lessor, if different from the operator,
shall also provide signed certification that they concur with the reclamation plan and will
allow its implementation.
13.70 Existing Plans and Approvals. To avoid duplication of effort, the reclamation plan
required by this section may, by reference, incorporate existing plans or materials that
meet the requirements of this chapter.
13.80 Approval of Reclamation Plan. Buffalo County shall approve, conditionally approve or
deny the reclamation plan submitted under this section in writing in accordance with sub.
16.20 for mines that apply for a reclamation permit in conformance with s. 12.
Conditional approvals of reclamation plans shall be made according to sub. 16.50 and
denials of reclamation plans shall be made pursuant to s. 17. The operator shall keep a
copy of the reclamation plan approved under this subsection at the mine site or, if not
practicable, at the operator’s nearest place of business.
SECTION 14
14.00 Financial Assurance.
14.10 Financial Assurance Requirements. All operators of nonmetallic mining sites in
Buffalo County shall prepare and submit a proof of financial assurance that meets the
following requirements:
(1) NOTIFICATION. The regulatory authority shall provide written notification to the
operator of the amount of financial assurance required under sub. (3).
(2) FILING. Following approval of the nonmetallic mining reclamation permit, and as
a condition of the permit, the operator shall file a financial assurance with the
Buffalo County Nonmetallic Mining Department. The financial assurance shall
provide that the operator shall faithfully perform all requirements in this chapter, an
applicable reclamation ordinance and the reclamation plan. Financial assurance
shall be payable exclusively to the Buffalo County Nonmetallic Mining
16
Department. In cases where one or more other regulatory authorities regulate a
nonmetallic mining site, all financial assurance shall be made payable to the Buffalo
County Nonmetallic Mining Department only if it currently has primary regulatory
responsibility.
(3) AMOUNT AND DURATION OF FINANCIAL ASSURANCE. The amount of
financial assurance shall equal as closely as possible the cost to the Buffalo County
Nonmetallic Mining Department of hiring a contractor to complete either final
reclamation or progressive reclamation according to the approved reclamation plan.
The amount of financial assurance shall be reviewed periodically by the Buffalo
County Nonmetallic Mining Department to assure it equals outstanding reclamation
costs. Any financial assurance filed with the department shall be in an amount
equal to the estimated cost for reclaiming all sites the operator has under project
permits. The Nonmetallic Mining Department may accept a lesser initial amount of
financial assurance provided that the permittee initiates a process to continuously
increase the amount of financial assurance until it is adequate to effect reclamation.
An escrow account may be established that is based on production gross sales and
serves to provide regular payments to an account that is designed to grow to the
amount necessary to guarantee performance of reclamation by the expected time of
final reclamation. The period of the financial assurance is dictated by the period of
time required to establish the post mining land use declared and approved of in the
reclamation plan. This may extend beyond the permit if required to accomplish
successful and complete implementation of the reclamation plan.
(4) FORM AND MANAGEMENT. Financial assurance shall be provided by the
operator and shall be by a bond or an alternate financial assurance. Financial
assurance shall be payable to the Buffalo County Nonmetallic Mining Department
and released upon successful completion of the reclamation measures specified in
the reclamation plan. Alternate financial assurances may include, but are not
limited to cash, certificates of deposits, irrevocable letters of credit, irrevocable
trusts, established escrow accounts, demonstration of financial responsibility by
meeting net worth requirements, or government securities. Any interest from the
financial assurance shall be paid to the operator. Certificates of deposit shall be
automatically renewable or other assurances shall be provided before the maturity
date. Financial assurance arrangements may include, at the discretion of the
Nonmetallic Mining Department, a blend of different options for financial
assurance including a lien on the property on which the nonmetallic mining site
occurs or a combination of financial assurance methods.
(5) MULTIPLE PROJECTS. Any operator who obtains a permit from the Nonmetallic
Mining Department for 2 or more nonmetallic mining sites may elect, at the time
the second or subsequent site is approved, to post a single financial assurance in lieu
of separate financial assurance instruments for each nonmetallic mining site. When
an operator elects to post a single financial assurance in lieu of separate financial
assurances for each mining site, no financial assurances previously posted on
individual mining sites shall be released until the new financial assurance has been
accepted by the Nonmetallic Mining Department.
(6) MULTIPLE JURISDICTIONS. In cases where more than one regulatory authority
has jurisdiction, a cooperative financial security arrangement may be developed and
implemented by the regulatory authorities to avoid requiring the permittee to prove
financial assurance with more than one regulatory authority for the same
nonmetallic mining site. Financial assurance is required for each site and two or
17
more sites of less than one acre by the same operator, except that governmental
units are not required to obtain financial assurance.
(7) CERTIFICATION OF COMPLETION AND RELEASE.
(a) The operator shall notify the regulatory authority, by filing a notice of
completion, at the time that he or she determines that reclamation of any
portion of the mining site or the entire site is complete. The Nonmetallic
Mining Department shall inspect the mine site or portion thereof that was the
subject of the notice of completion to determine if reclamation has been
carried out in accordance with the approved reclamation plan. The department
may partially release the financial assurance if it determines that compliance
with a portion of the reclamation plan has been achieved and requires no
waiting period. After determining that reclamation is complete the
department shall issue a certificate of completion and shall release the
financial assurance or appropriately reduce the financial assurance in the case
of reclamation of a portion of the mining site.
(b) The Nonmetallic Mining Department shall make a determination of whether
or not the certification in par. (a) can be made within 60 days that the request
is received.
(c) The Nonmetallic Mining Department may make a determination under this
subsection that:
i. Reclamation is not yet complete;
ii. It is not possible to assess whether reclamation is complete due to
weather conditions, snow cover or other relevant factors;
iii. Reclamation is complete in a part of the mine; or
iv. Reclamation is fully complete.
(8) FORFEITURE. Financial assurance shall be forfeited if any of the following occur:
(a) A permit is revoked under s. 24 and the appeals process has been completed.
(b) An operator ceases mining operations and fails to reclaim the site in
accordance with the reclamation plan.
(9) CANCELLATION. Financial assurance shall provide that it may not be canceled
by the surety or other holder or issuer except after not less than a 90 day notice to
the Nonmetallic Mining Department in writing by registered or certified mail. Not
less than 30 days prior to the expiration of the 90-day notice of cancellation, the
operator shall deliver to the Nonmetallic Mining Department a replacement proof of
financial assurance. In the absence of this replacement financial assurance, all
mining shall cease until the time it is delivered and in effect.
(10) CHANGING METHODS OF FINANCIAL ASSURANCE. The operator of a
nonmetallic mining site may change from one method of financial assurance to
another. This may not be done more than once a year unless required by an
adjustment imposed pursuant to sub. (12). The operator shall give the Nonmetallic
Mining Department at least 60 days notice prior to changing methods of financial
assurance and may not actually change methods without the written approval of the
Nonmetallic Mining Department.
(11) BANKRUPTCY NOTIFICATION. The operator of a nonmetallic mining site shall
notify the regulatory authority by certified mail of the commencement of voluntary
or involuntary proceeding under bankruptcy code, 11 USC, et seq., naming the
operator as debtor, within 10 days of commencement of the proceeding.
(12) ADJUSTMENT OF FINANCIAL ASSURANCE. Financial assurance may be
adjusted when required by the Buffalo County Nonmetallic Mining Department.
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The Buffalo County Nonmetallic Mining Department may notify the operator in
writing that adjustment is necessary and the reasons for it. The Buffalo County
Nonmetallic Mining Department may adjust financial assurance based upon
prevailing or projected interest or inflation rates, or the latest cost estimates for
reclamation.
(13) NET WORTH TEST.
(a) Only an operator that meets the definition of “company” in s. 289.41 (1) (b),
Stats., may use the net worth method of providing financial assurance.
(b) The operator shall submit information to the regulatory authority in
satisfaction of the net worth test requirements of s. 289.41 (4), Stats. The
criteria in secs. 289.41 (6) (b), (d), (e), (f), (g), (h) and (i), Stats., shall apply.
(c) An operator using the net worth test to provide financial assurance for more
than one mine shall use the total cost of compliance for all mines in
determining the net worth to reclamation cost ratio in accordance with s.
289.41 (6), Stats.
(d) Determinations under the net worth test shall be done in accordance with s.
289.41 (5), Stats.
(e) In addition, the operator shall submit a legally binding commitment to
faithfully perform all compliance and reclamation work at the mine site that is
required under this chapter.
14.20 Private Nonmetallic Mines. The operator of any nonmetallic mining site that applies for
a reclamation permit in conformance with s. 12 shall submit the proof of financial
assurance required by sub. 14.10 as specified in the reclamation permit issued to it under
this chapter.
14.30 Public Nonmetallic Mining. The financial assurance requirements of this section do not
apply to nonmetallic mining conducted by the State of Wisconsin, a state agency, board,
commission or department, or a municipality.
SECTION 15
15.00 Public Notice and Right of Hearing.
15.10 Reclamation Plan Hearing. The Nonmetallic Mining Department shall provide public
notice and the opportunity for a public informational hearing as set forth below:
(1) PUBLIC NOTICE.
(a) When the Nonmetallic Mining Department receives an application to issue a
reclamation permit, it shall publish a public notice of the application no later
than 30 days after receipt of a complete application that satisfies s. 12.
(b) The notice shall briefly describe the mining and reclamation planned at the
nonmetallic mining site. The notice shall be published as a class 1 notice
pursuant to s. 985.07(1), Stats., in the official newspaper of Buffalo County.
The notice shall mention the opportunity for public hearing pursuant to this
section and shall give the locations at which the public may review the
application and all supporting materials including the reclamation plan.
(c) Copies of the notice shall be forwarded by Buffalo County to the county land
conservation officer, and owners of land within 300 feet of the boundaries of
the parcel or parcels of land on which the site is located.
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(2) HEARING. The Nonmetallic Mining Department shall provide for an opportunity
for a public informational hearing on an application or request to issue a
nonmetallic mining reclamation permit as follows:
(a) If it conducts a zoning-related hearing on the nonmetallic mine site, the
Nonmetallic Mining Department shall provide the opportunity at this hearing
to present testimony on reclamation-related matters. This opportunity shall
fulfill the requirement for public hearing for a nonmetallic mining reclamation
permit required by this section. The Nonmetallic Mining Department shall
consider the reclamation-related testimony in the zoning-related hearing in
deciding on a permit application pursuant to this chapter.
(b) If there is no opportunity for a zoning-related hearing on the nonmetallic
mine site as described in par. (a), opportunity for public hearing required by
this section shall be provided as follows. Any person residing within, owning
property within, or whose principal place of business is within 300 feet of the
boundary of the parcel or parcels of land in which the nonmetallic mining site
is located or proposed may request a public informational hearing. The
Nonmetallic Mining Department shall hold a public hearing if requested in
writing by any of these persons within 30 days of the actual date of public
notice under sub. (1). This public informational hearing shall be held no
sooner than 30 days nor later than 60 days after being requested. The hearing
shall be conducted as an informational hearing for the purpose of explaining
and receiving comment from affected persons on the nature, feasibility and
effects of the proposed reclamation.
(c) If a public informational hearing is requested according to 15.10 (2)(b), notice
shall be provided to the persons described in 15.10 (2)(b) and the county land
conservation officer. A Class II notice must be published in the official
Buffalo County Newspaper according to WI Statutes Chapter 985.
(d) The subject matter and testimony at this informational hearing shall be limited
to reclamation of the nonmetallic mine site.
Note: Informational hearings are limited to reclamation of the nonmetallic
mining site. Regulatory authority staff conducting the hearings should make it
clear that the hearings may not cover non- reclamation matters because they
are beyond the scope of NR 135 reclamation. Non-reclamation matters are
those related to zoning or subject to other local authority. These matters may
include but are not limited to: traffic, setbacks, blasting, dewatering, hours of
operation, noise or dust control or the question of whether to use the land for
mining.
15.20 Local Transportation-Related Mines. No public notice or informational hearing is
required for a nonmetallic mining reclamation permit issued to a local transportation-
related mine pursuant to sub. 16.30.
SECTION 16
16.00 Issuance of a Nonmetallic Mining Reclamation Permit.
16.10 Permit Required. No person may engage in nonmetallic mining or nonmetallic mining
reclamation in Buffalo County before obtaining a reclamation permit issued under this
20
section, except for nonmetallic mining sites that are exempt from this chapter under subs.
7.10, 7.20 or 10(16)(b).
16.20 Permit Issuance. Applications for reclamation permits for nonmetallic mining that
satisfy s. 12 shall be issued a reclamation permit or otherwise acted on as provided
below.
(1) Unless denied pursuant to s. 17, the Nonmetallic Mining Department shall approve
in writing a request that satisfies the requirements of s. 12 to issue a nonmetallic
mining reclamation permit for the proposed nonmetallic mine.
(2) The Nonmetallic Mining Department may not issue an approval without prior or
concurrent approval of the reclamation plan that meets the requirements of s. 13.
The regulatory authority may issue a reclamation permit subject to conditions in
sub. 16.50 if appropriate. The permit decision shall be made no sooner than 30
days nor later than 90 days following receipt of the complete reclamation permit
application that meets the requirements in s. 12 and reclamation plan that meets the
requirements in s. 13, unless a public hearing is held pursuant to s. 15. If a public
hearing is held, the regulatory authority shall issue the reclamation permit, subject
to conditions pursuant to sub. 16.50 if appropriate, or shall deny the permit as
provided in s. 17, no later than 60 days after completing the public hearing.
(3) Permits issued pursuant to this subsection shall require compliance with a
reclamation plan that has been approved and satisfies the requirements of s. 13 and
provision by the applicant of financial assurance required under s. 14 and payable to
the Nonmetallic Mining Department prior to beginning mining.
16.30 Automatic Permit for Local Transportation-Related Mines
(1) The Nonmetallic Mining Department shall automatically issue an expedited permit
under this subsection to any borrow site that:
a. Will be opened and reclaimed under contract with a municipality within a
period not exceeding 36 months;
b. Is a nonmetallic mine which is intended to provide stone, soil, sand or gravel
for the construction, reconstruction, maintenance or repair of a highway,
railroad, airport facility or other transportation facility under contract with the
municipality;
c. Is regulated and will be reclaimed under contract with the municipality in
accordance with the requirements of the Wisconsin Department of
Transportation concerning the restoration of nonmetallic mining sites;
d. Is not a commercial source;
e. Will be constructed, operated and reclaimed in accordance with applicable
zoning requirements, if any and;
f. Is not otherwise exempt from the requirements of this chapter under sub.
7.20(10).
(2) In this subsection, “municipality” has the meaning defined in s. 299.01(8), Stats.
(3) Automatic permits shall be issued under this subsection in accordance with the
following provisions:
a. The applicant shall notify the Nonmetallic Mining Department of the terms
and conditions of the contract with respect to reclamation of the proposed
borrow site.
21
b. The applicant shall provide evidence to the Nonmetallic Mining Department
to show that the borrow site and its reclamation will comply with applicable
zoning requirements, if any.
c. The Nonmetallic Mining Department shall accept the contractual provisions
incorporating requirements of the Wisconsin Department of Transportation in
lieu of a reclamation plan under s. 13.
d. The Nonmetallic Mining Department shall accept the contractual provisions in
lieu of the financial assurance requirements in s. 14.
e. The public notice and hearing provisions of s. 15 do not apply to nonmetallic
mining sites that are issued automatic permits under this subsection.
f. Mines permitted under this subsection shall pay an annual fee to the
Nonmetallic Mining Department as provided in s. 28, but shall not be subject
to the plan review fee provided in s. 27.
g. The Nonmetallic Mining Department shall issue the automatic permit within 7
days of the receipt of a complete application.
h. If the borrow site is used to concurrently supply materials for other than the
local transportation project, the automatic permitting in this subsection still
applies provided the site will be reclaimed under a contractual obligation with
the municipality in accordance with the Wisconsin Department of
Transportation requirements.
i. Notwithstanding s .25, the operator of a borrow site under this subsection is
required to submit only the information in an annual report necessary to
identify the borrow site and to determine the applicable annual fee.
16.40 Expedited Review. Any operator of a nonmetallic mining site may request expedited
review of a reclamation permit application under sub. (1) or sub. (2) as follows:
(1) The operator may submit a request for expedited permit review with payment of the
expedited review fee specified in s. 27.20. This request shall state the need for such
expedited review and the date by which such expedited review is requested.
(2) The operator may submit a request for expedited review under this subsection if the
applicant requires a reclamation permit to perform services under contract with a
municipality. This request for expedited review shall state the need for expedited
review and shall include a copy of the applicable sections of the contract and the
date by which the expedited review is requested.
(3) Following receipt of a request under this subsection, the Nonmetallic Mining
Department shall inform the applicant of the estimated date for decision on issuance
of the permit. If the applicant then elects not to proceed with the expedited review,
the fee paid under sub. (1) shall be returned.
(4) Expedited review under this subsection shall not waive, shorten or otherwise affect
the public notice and right of hearing pursuant to s. 15. This subsection does not
impose an obligation upon the regulatory authority to act upon a permit application
under this subsection by a specific date.
16.50 Permit Conditions. Any decision under this section may include conditions as provided
below:
(1) The Nonmetallic Mining Department may issue a reclamation permit or approve a
reclamation plan subject to general or site-specific conditions if needed to assure
compliance with the nonmetallic mining reclamation requirements of this chapter.
The approvals may not include conditions that are not related to reclamation.
22
(2) One required condition of the issued permit shall be that the new mine obtain
financial assurance pursuant to s. 14 prior to beginning mining.
SECTION 17
17.00 Permit Denial. An application for a nonmetallic mining reclamation permit shall be
denied as set forth below:
(1) An application to issue a nonmetallic mining reclamation permit shall be denied,
within the time frame for permit issuance specified in s. 16, if the Nonmetallic
Mining Department finds any of the following:
a. The applicant has, after being given an opportunity to make corrections, failed to
provide to the Nonmetallic Mining Department an adequate permit application,
reclamation plan, financial assurance or any other submittal required by Chapter NR
135, Wisconsin Administrative Code or this chapter.
b. The proposed nonmetallic mining site cannot be reclaimed in compliance with
the reclamation standards contained in this chapter, Chapter NR 135,
Wisconsin Administrative Code or subch. I. of ch. 295, Stats.
c. The applicant, or its agent, principal or predecessor has, during the course of
nonmetallic mining in Wisconsin within 10 years of the permit application or
modification request being considered shown a pattern of serious violations of
this chapter or of federal, state or local environmental laws related to
nonmetallic mining reclamation.
i. The following may be considered in making this determination of a
pattern of serious violations:
1. Results of judicial or administrative proceedings involving the
operator or its agent, principal or predecessor.
2. Suspensions or revocations of nonmetallic mining reclamation
permits pursuant to this chapter, other reclamation ordinances
or Chapter NR 135, Wisconsin Administrative Code.
3. Forfeitures of financial assurance.
ii. A denial under this subsection shall be in writing and shall contain
documentation of reasons for denial.
d. A decision to deny an application to issue a reclamation permit may be
reviewed under s. 22.
SECTION 18
18.00 Alternative Requirements
18.10 Scope of Alternative Requirements Approvable. An operator of a nonmetallic mining
site may request an alternative requirement to the reclamation standard established in s.
11.00 upon petition to the Buffalo County Board of Adjustment. The Board of
Adjustment may approve an alternative requirement to the reclamation standards
established in this chapter if the operator demonstrates and the Board of Adjustment finds
that all of the following criteria are met:
(1) The nonmetallic mining site, the surrounding property or the mining plan or
reclamation plan has a unique characteristic, which requires an alternative
requirement.
(2) Unnecessary hardship which is peculiar to the nonmetallic mining site or plan will
result unless the alternative requirement is approved.
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(3) Reclamation in accordance with the proposed alternative requirement will achieve
the planned post-mining land use and long-term site stability in a manner that will
not cause environmental pollution or threaten public health, safety or welfare.
18.20 Procedures
(1) The operator of a nonmetallic mining site requesting an alternate requirement in
sub. 18.10 shall demonstrate all the criteria in sub. 18.10. This shall be submitted in
writing to the Nonmetallic Mining Department.
(2) Applications for alternate requirements shall be made upon petition to the Buffalo
County Board of Adjustment in accordance with the standards set forth in Section
18.21
18.21 Board of Adjustment
(1) The appropriate board created under SS59.694, for counties, is hereby authorized or
shall be appointed to act as the Board of Adjustment for the purposes of this
ordinance. The Board of Adjustment shall exercise the powers conferred by Wis.
Stats., and adopt rules for the conduct of business. The Zoning Administrator may
not be the secretary of the Board.
(2) Powers and Duties: The Board of Adjustment shall:
a. Appeals-Hear and decide appeals where it is alleged there is error in any
order, requirement, decision or determination made by an administrative
official in the enforcement or administration of this ordinance.
b. Requirements-Hear and decide upon alternative requirements under S18.2.
c. Variances-Hear and decide, upon appeal, variances from the dimensional
standards of this ordinance.
(3) Appeals to the Board
a. Appeals to the Board may be taken by any person aggrieved or by any officer,
department, board or bureau of the county affected by any decision of an
administrative officer in the Nonmetallic Mining Department. Such appeal
shall be taken within 30 days unless otherwise provided by the rules of the
board, or by filing with the official whose decision is in question, and with the
board, a notice of appeal specifying the reasons for the appeal. The official
whose decision is in question shall transmit to the board all the papers
constituting the record concerning the matter appealed.
b. Notice and hearing for appeals including variances
i. The board shall:
1. Fix a reasonable time for the hearing.
2. Publish adequate notice pursuant to Wisconsin Statutes,
specifying the date, time, place and subject of the hearing;
3. Assure that notice shall be mailed to the parties in interest and
the district office of the Department at least 10 days in advance
of the hearing.
c. Hearing-Any party may appear in person or by agent or attorney.
i. The Board shall:
1. Act on alternative requirements as described in S18.10.
2. Decide variance applications.
3. Decide appeals of permit denials.
d. Decision-The final decision regarding the appeal, alternative requirements or
variance applications shall:
24
i. Be made within a reasonable time
ii. Be sent to the district office of the Department within 10 days of the
decision;
iii. Be a written determination signed by the chairperson or secretary of the
board;
iv. State the specific facts which are the basis for the Board’s decision;
v. Either affirm, reverse, vary or modify the order, requirement, decision
or determination appealed, in whole or in part, dismiss the appeal for
lack of jurisdiction or grant or deny the application for a variance;
vi. Include the reasons or justifications for granting an appeal, with a
description of the hardship or practical difficulty demonstrated by the
applicant in the case of a variance, clearly stated in the recorded
minutes of the board proceedings.
(4) Variance
a. The Board may, upon appeal, grant a variance from the dimensional standards
of this ordinance where the applicant convincingly demonstrates by clear and
convincing evidence that:
i. Literal enforcement of the provisions of the ordinance will result in
unnecessary hardship on the applicant.
ii. The hardship is due to adoption of this ordinance and special conditions
unique to the property; not common to a group of adjacent lots or
premises (in such case, the ordinance or plan must be amended);
iii. Such variance is not contrary to the public interest;
b. A variance shall not:
i. Grant, extend or increase any use prohibited in the zoning district.
ii. Be granted for a hardship based solely on an economic gain or loss;
iii. Be granted for a hardship which is self-created;
iv. Damage the rights of property values of persons in the area;
(5) To review appeals of permit denials
a. The Board shall review all data constituting the basis for the appeal of permit
denial. This data may include (where appropriate):
i. All permit application data;
ii. Other data submitted to the nonmetallic mining officer with the permit
application, or submitted to the Board with the appeal.
b. For appeals of all denied permits, the Board shall:
i. Follow the procedures of S7.3.
ii. Consider the Zoning Committee and Department recommendations;
iii. Either uphold the denial or grant the appeal.
iv. Uphold the denial where the Board agrees with data demonstrating the
application does not comply with the objectives of NR 135.
18.30 Transmittal of Decision on Request for Alternative Requirement. The decision on a
request for alternate reclamation requirements shall be in writing to the applicant and
shall include documentation of why the alternate requirement was or was not approved.
18.40 Notice to Wisconsin Department of Natural Resources. The Nonmetallic Mining
Department shall provide notice to the Wisconsin Department of Natural Resources as set
forth in this subsection. Written notice shall be given to the Wisconsin Department of
25
Natural Resources at least 10 days prior to any public hearing held under sub. 18.20 on a
request for an alternate requirement under this section.
SECTION 19
19.00 Permit Duration
(1) A nonmetallic mining reclamation permit issued under this chapter shall last
through operation and reclamation of the nonmetallic mining site, unless suspended
or revoked pursuant to section 24.00.
(2) If the mine operator is not the landowner, the reclamation permit duration shall not
exceed the duration of the mine lease unless the lease is renewed or the permit is
transferred to a subsequent lessee pursuant to s. 20.00.
SECTION 20
20.00 Permit Transfer. A nonmetallic mining reclamation permit issued under this chapter
shall be transferred to a new owner or operator upon satisfaction of the following
conditions:
(1) A nonmetallic mining reclamation permit may be transferred to a new operator
upon submittal to the Nonmetallic Mining Department of proof of financial
assurance and a certification in writing by the new permit holder that all conditions
of the permit will be complied with.
(2) The transfer is not valid until financial assurance has been submitted by the new
operator and accepted by the Nonmetallic Mining Department and the department
makes a written finding that all conditions of the permit will be complied with. The
previous operator shall maintain financial assurance until the new operator has
received approval and provided the financial assurance under this section.
SECTION 21
21.00 Previously Permitted Sites. For any nonmetallic mining site which had a reclamation
permit previously issued by another regulatory authority pursuant to Chapter NR 135,
Wisconsin Administrative Code that becomes subject to reclamation permitting authority
of the Nonmetallic Mining Department the terms and conditions of the previously-issued
municipal reclamation permit shall remain in force until modified by the Nonmetallic
Mining Department pursuant to sub. 23.10.
SECTION 22
22.00 Review. Any permitting decision or action made by the Nonmetallic Mining Department
under this chapter may be reviewed as set forth in this section. Notwithstanding ss.
68.001, 68.03 (8) and (9), 68.06 and 68.10 (1) (b), Stats., any person who meets the
requirements of s. 227.42 (1), Stats., may obtain a contested case hearing under s. 68.11,
Stats., on the Nonmetallic Mining Department 's decision to issue, deny or modify a
nonmetallic mining reclamation permit.
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PART IV - ADMINISTRATION
SECTION 23
23.00 Permit Modification
23.10 By Buffalo County. A nonmetallic mining reclamation permit issued under this chapter
may be modified by the Nonmetallic Mining Department if it finds that, due to changing
conditions, the nonmetallic mining site is no longer in compliance with Chapter NR 135,
Wisconsin Administrative Code or this chapter. Such modification shall be by an order
modifying the permit in accordance with s. 33. This modifying order may require the
operator to amend or submit new application information, reclamation plan, proof of
financial assurance or other information needed to ensure compliance with Chapter NR
135, Wisconsin Administrative Code or this chapter.
23.20 At the Operator’s Option. If operator of any nonmetallic mine that holds a reclamation
permit issued under this chapter desires to modify such permit or reclamation plan
approved under this chapter, it may request such modification by submitting a written
application for such modification to the Nonmetallic Mining Department. The
application for permit or plan modification shall be acted on using the standards and
procedures of this chapter.
23.30 Required by the Operator. The operator of any nonmetallic mine that holds a
reclamation permit issued under this chapter shall request a modification of such permit if
changes occur to the area to be mined, the nature of the planned reclamation, or other
aspects of mining required by the reclamation plan approved pursuant to this chapter.
Such application for permit modification shall be acted on using the standards and
procedures of this chapter.
23.40 Review. All actions by the Nonmetallic Mining Department on permit modifications
requested or initiated under this section are subject to review under s. 22.
SECTION 24
24.00 Permit Suspension and Revocation
24.10 Grounds. The Nonmetallic Mining Department may suspend or revoke a nonmetallic
mining reclamation permit issued pursuant to this chapter if it finds the operator has done
any of the following:
(1) Failed to submit a satisfactory reclamation plan within the time frames specified in
this chapter.
(2) Failed to submit or maintain financial assurance as required by this chapter.
(3) Failed on a repetitive and significant basis to follow the approved reclamation plan.
24.20 Procedures. If the Nonmetallic Mining Department finds grounds for suspending or
revoking a nonmetallic mining reclamation permit set forth in sub. 24.10, it may issue a
special order suspending or revoking such permit as set forth in sub. 33.20.
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24.30 Consequences.
(1) If the Nonmetallic Mining Department makes any of the findings in sub. 24.10, it
may suspend a nonmetallic mining reclamation permit for up to 30 days. During
the time of suspension, the operator may not conduct nonmetallic mining at the site,
except for reclamation or measures to protect human health and the environment as
ordered by the regulatory authority pursuant to s. 33.
(2) If the Nonmetallic Mining Department makes any of the findings in sub. 24.10, it
may revoke a nonmetallic mining reclamation permit. Upon permit revocation, the
operator shall forfeit the financial assurance it has provided pursuant to this chapter
to Buffalo County. Buffalo County may use forfeited financial assurance to reclaim
the site to the extent needed to comply with this chapter and the applicable
reclamation ordinance.
SECTION 25
25.00 Annual Operator Reporting.
25.10 Contents and Deadline. Annual reports that satisfy the requirements of this section shall
be submitted by the operators of nonmetallic mining sites.
(1) CONTENTS. The annual report required by this section shall include all of the
following:
a. The name and mailing address of the operator.
b. The location of the nonmetallic mining site, including legal description, tax
key number or parcel identification number if available.
c. The identification number of the applicable nonmetallic mining permit, if
assigned by Buffalo County.
d. The acreage currently affected by nonmetallic mining extraction and not yet
reclaimed.
e. The amount of acreage that has been reclaimed to date, on a permanent basis
and the amount reclaimed on an interim basis.
f. A plan, map or diagram accurately showing the acreage described in pars. (d)
and (e).
g. The following certification, signed by the operator: "I certify that this
information is true and accurate, and that the nonmetallic mining site
described herein complies with all conditions of the applicable nonmetallic
mining reclamation permit and Chapter NR 135, Wisconsin Administrative
Code."
(2) DEADLINE. The annual report shall cover activities on unreclaimed acreage for
the previous calendar year and be submitted by January 31.
(3) WHEN REPORTING MAY END. Annual reports shall be submitted by an
operator for all active and intermittent mining sites to Buffalo County for each
calendar year until nonmetallic mining reclamation at the site is certified as
complete pursuant to sub. 30.30 or at the time of release of financial assurance
pursuant to sub. 14.10(7).
25.20 Inspection in Lieu of Report. The Nonmetallic Mining Department may, at its
discretion, obtain the information required in sub. 25.10 for a calendar year by written
documentation of an inspection it completes during a calendar year, as set forth in this
subsection. If the Nonmetallic Mining Department obtains and documents the required
information, the annual report need not be submitted by the operator. If the Nonmetallic
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Mining Department determines that the operator need not submit an annual report
pursuant to this subsection, it shall advise the operator in writing at least 30 days before
the end of the applicable calendar year. In that case, the Nonmetallic Mining Department
shall require the operator to submit the certification required in sub. 25.10(1)(g).
25.30 Retention of Annual Reports. Annual reports submitted under sub. 25.10 or inspection
records that replace them under sub. 25.20 shall be retained by Buffalo County in the
office of the Nonmetallic Mining Department for at least 10 years after the calendar year
to which they apply. These records, or complete and accurate copies of them, shall be
made available to the Wisconsin Department of Natural Resources upon written request
or during its inspection or audit activities carried out pursuant to Chapter NR 135,
Wisconsin Administrative Code.
SECTION 26
26.00 Board of Adjustment/Department Fees
(1) Appeal of Administrative Decision. Shall be the same fee as stated in Article 21,
Section 215 of the Buffalo County Zoning Ordinance.
(2) Variance. Shall be the same fee as stated in Article 21, Section 215 of the Buffalo
County Zoning Ordinance.
(3) Alternate Requirements. Shall be charged the same fee as for a variance application.
(4) Plan Revision. Shall be charged the same fee as that of a zoning permit application
for an accessory use as depicted in Article 21, Section 215 of the Buffalo County
Zoning Ordinance.
SECTION 27
27.00 Plan Review Fees.
27.10 Amount and Applicability. A person who intends to operate a nonmetallic mining site
for which a permit application has been submitted under s. 12 shall submit a non-
refundable plan review fee of $1,100. No plan review fee may be assessed under this
section for any local transportation-related mining receiving an automatic permit under
sub. 16.30. A separate plan review fee shall be paid under this section for any
modification to an existing reclamation plan submitted pursuant to s. 23.
Note: The prohibition on plan review fees for local transportation-related mines is
required under s. NR 135.23(1)(g), Wis. Adm. Code.
27.20 Expedited Plan Review Fee. A person who intends to operate a nonmetallic mining site
for which a permit application has been submitted under s. 12 may obtain expedited
reclamation plan review by paying a fee of $1,100. Such fee shall be in addition to that
required in sub. 27.10.
27.30 Relation to Annual Fee. Any reclamation plan review fee or expedited reclamation plan
review fee collected under this section shall be added to and collected as part of the first
annual fee collected under s. 28.
Note: Plan review fees collected under this section are required under s. 295.12(3)(e)1.a.,
Stats., to equal as closely as possible the cost of examination and approval of such plans.
Section 295.15, Stats. requires the regulatory authority to use its fees only for the
29
administration of its reclamation ordinance. Section NR 135.39(4)(b)1., Wis. Adm. Code
requires that fees collected by the regulatory authority be used only for reasonable
expenses associated with administration of its reclamation program.
SECTION 28
28.00 Annual Fees.
28.10 Areas Subject to Fees, Procedures, Deadline and Amount.
(1) Operators of all nonmetallic mining sites subject to reclamation permits issued
under this chapter shall pay annual fees to the Nonmetallic Mining Department.
(2) Fees paid under this section shall be calculated based on the unreclaimed acres of a
nonmetallic mining site, as defined below:
a. "Unreclaimed acre" or "unreclaimed acres" means those unreclaimed areas in
which nonmetallic mining has occurred after August 1st, 2001 and areas where
nonmetallic mining reclamation has been completed but is not yet certified as
reclaimed under sub. 14.10(7). However the term does not include any areas
described in par. (b).
b. "Unreclaimed acre" or "unreclaimed acres" does not include: Those areas
defined as not included in a nonmetallic mining site under sub. 10(16)(b).
c. Fees shall be assessed on active acres only and shall not be assessed on
acreage where nonmetallic mining is proposed and approved but where no
nonmetallic mining has yet taken place.
(3) Fees assessed pursuant to this section shall be based on unreclaimed acres at the end
of the year. Such fees apply to a calendar year or any part of a year in which
nonmetallic mining takes place, until final reclamation is certified as complete
under s. 30. Fees shall be paid no later than January 31for the previous year.
(4) If reclamation has already occurred on portions of a nonmetallic mining site, the
fees for such portions may be submitted with a written request that they be held by
the Nonmetallic Mining Department pending certification of completed reclamation
pursuant to subs.30.30 and sub. 14.10(7). Upon such certification the Nonmetallic
Mining Department shall refund that portion of the annual fee that applies to the
reclaimed areas. If the Nonmetallic Mining Department fails to make a
determination under subs. 30.30 and 14.10(7) within 60 days of the request, it shall
refund that portion of the annual fee that applies to the reclaimed areas.
(5) The amount collected shall equal the Wisconsin Department of Natural Resource’s
share as described in sub. 28.20, the share of the Nonmetallic Mining Department
described in sub. 28.30, and, if applicable, the reclamation plan review fee
described in s. 27.
28.20 Wisconsin Department of Natural Resources Share of Fee
TABLE 1:
Wisconsin Department of Natural Resources’ Share of Annual Fees
Mine Size in Unreclaimed Acres, Annual
Rounded to the Nearest Whole Acre Fee
1 to 5 acres $ 35
6 to 10 acres $ 70
11 to 15 acres $ 105
16 to 25 acres $ 140
26 to 50 acres $ 160
51 acres or larger $ 175
30
(3) For nonmetallic mining sites at which no nonmetallic mining has taken place during
a calendar year, the share for the Wisconsin Department of Natural Resources shall
be $15.
(4) The Nonmetallic Mining Department shall forward fees collected under this
subsection to the Wisconsin Department of Natural Resources by March 31st.
Note: This is required by s. NR 135.39(2)(c).
28.30 Buffalo County's Share of Fee.
(1) Fees paid under this section shall also include an annual fee due to the Nonmetallic
Mining Department, which shall be as depicted in Section 27.50, Table 3. To be
established on an unreclaimed acre basis, and equal as closely as possible the
county or municipal cost of administering the reclamation program - see s.
295.13(3)(e)1., Stats., for details. Section NR 135.39(4)(b) Wis. Adm. Code further
requires that annual fees must equal as closely as possible the county or
municipality’s expenses to administer the program, including but not limited to the
examination and approval of plans, cost to ensure compliance, inspecting
nonmetallic mining sites and administering the reclamation program set up under
this ordinance. Section NR 135.39(4)(b)1., Wis. Adm. Code also provides the
county or municipality may use these fees only for reasonable expenses associated
with administration of a nonmetallic mining reclamation program.)
(2) The annual fee collected by the Nonmetallic Mining Department under this
subsection for local transportation-related mines issued permits under sub. 16.30
may not exceed the amounts set forth in Table 2. The amount listed below shall be
the total fee assessed on such nonmetallic mines, and shall include both a share for
the Wisconsin Department of Natural Resources and the Nonmetallic Mining
Department
Note: This is required by s. NR 135.23(1)(g), Wis. Adm. Code.
TABLE 2:
Annual Fees For Automatically Permitted Local Transportation Project-Related Mines.
___________________________________________________________
Mine Size in Unreclaimed Acres, Annual
Rounded to the Nearest Whole Acre Fee
___________________________________________________________
1 to 5 acres $ 175
6 to 10 acres $ 350
11 to 15 acres $ 525
16 to 25 acres $ 700
26 to 50 acres $ 810
51 acres or larger $ 870
28.40 Reduced Fee for Inactive Mines. Any site on which no nonmetallic mining activity has
taken place in a calendar year shall be assessed a fee for the following calendar year of
$150.
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28.50 Documentation of Buffalo County’s Share of Fee. The Nonmetallic Mining
Department shall document in writing its estimated program costs and the need for fee
established in sub. 28.30 on or before June 1st, 2001. This documentation shall be
available for public inspection at the Buffalo County Nonmetallic Mining Office.
Note: The Department of Natural Resources’ annual fees where it regulates nonmetallic
mining sites set pursuant to s. NR 135.39(4)(c), Wis. Adm. Code, are set forth in Table 3
below. The documentation in this subsection is needed only if a regulatory authority’s
fees exceed those listed below. In any event, s. 295.15, Stats., prohibits a regulatory
authority from using its fees for purposes other than the administration of its nonmetallic
mining reclamation ordinance.
TABLE 3:
Annual Fees
___________________________________________________________________
Mine Size in Unreclaimed Acres, Annual
Rounded to the Nearest Whole Acre Fee
___________________________________________________________________
1 to 5 acres, $175
6 to 10 acres $350
11 to 15 acres $525
16 to 25 acres $700
26 to 50 acres $810
51 acres or larger $870
SECTION 29
29.00 Regulatory Reporting and Documentation.
29.10 Reporting. The Nonmetallic Mining Department shall send an annual report to the
Wisconsin Department of Natural Resources by March 31st for the previous calendar
year. The reports shall include the following information for the previous year’s
nonmetallic mining reclamation program:
(1) The total number of nonmetallic mining reclamation permits in effect.
(2) The number of new permits issued within the jurisdiction of Buffalo County.
(3) The number of acres approved for nonmetallic mining and the number of acres
newly approved in the previous year.
(4) The number of acres being mined or unreclaimed acres.
(5) The number of acres that have been reclaimed and have had financial assurance
released pursuant to sub. 14.10(7).
(6) The number of acres that are reclaimed and awaiting release from the financial
assurance requirements of this subchapter pursuant to subs. 29.10 and 29.20.
(7) The number and nature of alternative requirements granted, permit modifications,
violations, public hearings, enforcement actions, penalties that have been assessed
and bond or financial assurance forfeitures.
29.20 Documentation. The Nonmetallic Mining Department shall, to the best of its ability,
maintain the information set forth below, and make it available to the Wisconsin
Department of Natural Resources for that agency's audit of Buffalo County's reclamation
program pursuant to Chapter NR 135, Wisconsin Administrative Code:
32
(1) Documentation of compliance with Chapter NR 135, Wisconsin Administrative
Code and this chapter.
(2) The procedures employed by the Nonmetallic Mining Department regarding
reclamation plan review, and the issuance and modification of permits.
(3) The methods for review of annual reports received from operators.
(4) The method and effectiveness of fee collection.
(5) Procedures to accurately forward the Wisconsin Department of Natural Resources’
portion of collected fees in a timely fashion.
(6) Methods for conducting on-site compliance inspections and attendant reports,
records and enforcement actions.
(7) Responses to citizen complaints.
(8) The method of and accuracy in determining the amount of the financial assurance
obtained from the operator to guarantee reclamation performance.
(9) The maintenance and availability of records.
(10) The number and type of approvals for alternative requirements issued pursuant to s.
18 .
(11) The method of determining the success of reclamation in meeting the criteria
contained in the reclamation plan and subsequently releasing the financial assurance
pursuant to sub. 14.10(7).
(12) Any changes in local regulations, ordinances, funding and staffing mechanisms or
any other factor which might affect the ability of the Nonmetallic Mining
Department to implement its nonmetallic mining reclamation program under this
chapter.
(13) The amount of fees collected in comparison to the amount of money actually
expended for nonmetallic mining reclamation program administration.
(14) Any other performance criterion necessary to ascertain compliance with Chapter
NR 135, Wisconsin Administrative Code.
SECTION 30
30.00 Completed Reclamation - Reporting, Certification and Effect
30.10 Reporting. The operator of a nonmetallic mining site may certify completion of
reclamation for a portion or all of the nonmetallic mining site pursuant to a reclamation
plan prepared and approved pursuant to this chapter and Chapter NR 135, Wisconsin
Administrative Code.
30.20 Reporting of Interim Reclamation. The operator of a nonmetallic mining site may
report completion of interim reclamation as specified in the reclamation plan for the site
prepared and approved pursuant to this chapter and Chapter NR 135, Wisconsin
Administrative Code. Reporting of interim reclamation shall be submitted in writing
according to the procedures in sub. 30.10.
30.30 Certification of Completed Reclamation. The Nonmetallic Mining Department shall
inspect a nonmetallic mining site for which reporting of reclamation or interim
reclamation has been submitted pursuant to this subsection within 60 days of receipt, and
make a determination in writing in accordance with sub. 14.10(7)(c). If it is determined
that interim or final reclamation is complete, including revegetation as specified in a
reclamation plan that conforms with s. 13, the Nonmetallic Mining Department shall
issue the mine operator a written certificate of completion.
33
30.40 Effect of Completed Reclamation. If reclamation is certified by the Nonmetallic
Mining Department as complete under sub. 30.30 for part or all of a nonmetallic mining
site, then:
(1) No fee shall be assessed under s. 28 for the area so certified.
(2) The financial assurance required by s. 14 shall be released or appropriately reduced
in the case of completion of reclamation for a portion of the mining site.
30.50 Effect of Inaction Following Report of Completed Reclamation. If no written
response as required by sub. 30.30 for an area of the mine site reported as reclaimed or
interim reclaimed is given within 60 days of receiving such request, any annual fee paid
to Buffalo County for it under s. 28 shall be refunded.
SECTION 31
31.00 Permit Termination. When all final reclamation required by a reclamation plan
conforming to s. 13 and required by this chapter is certified as complete pursuant to subs.
14.10(7) and 30.30, the Nonmetallic Mining Department shall issue a written statement to
the operator of the nonmetallic mining site, thereby terminating the reclamation permit.
PART V - ENFORCEMENT
SECTION 32
32.00 Right of Entry and Inspection. For the purpose of ascertaining compliance with the
provisions of Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135,
Wisconsin Administrative Code, or this chapter, any authorized officer, agent, employee
or representative of Buffalo County may inspect any nonmetallic mining site subject to
this chapter as provided below:
(1) No person may refuse entry or access onto a nonmetallic mining site of a duly
authorized officer, employee or agent of Buffalo County or the Wisconsin
Department of Natural Resources who presents appropriate credentials to inspect
the site for compliance with the nonmetallic mining reclamation permit, this
chapter, Chapter NR 135, Wisconsin Administrative Code or subchapter I of ch.
295, Stats.
(2) Any person who enters the site under this right of inspection shall obtain training
and provide their own safety equipment needed to comply with any federal, state or
local laws or regulations controlling persons on the nonmetallic mining site.
SECTION 33
33.00 Orders
33.10 Enforcement Orders. Buffalo County may issue orders as set forth in Section
295.19(1)(a), Stats., to enforce Subchapter I of Chapter 295, Wisconsin Statutes, Chapter
NR 135, Wisconsin Administrative Code, this chapter, a permit issued pursuant to this
chapter or a reclamation plan required by s. 13 and a permit issued under this chapter. A
violation of this chapter, an order or permit issued pursuant to this chapter or a
reclamation plan required by s. 13 and a permit issued under this chapter shall be
34
considered a violation of Subchapter I of Chapter 295, Wisconsin Statutes and Chapter
NR 135, Wisconsin Administrative Code.
33.20 Special Orders. Buffalo County may issue a special order as set forth in Sections
295.19(1)(b) and (c), Wisconsin Statutes suspending or revoking a nonmetallic mining
reclamation permit pursuant to s. 24, or directing an operator to immediately cease an
activity regulated under Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR
135, Wisconsin Administrative Code or this chapter until the necessary plan approval is
obtained.
33.30 Review of Orders. A person holding a reclamation permit who is subject to an order
pursuant this section shall have the right to review the order in a contested case hearing
under s. 68.11, Stats., notwithstanding the provisions of ss. 68.001, 68.03 (8) and (9),
68.06 and 68.10 (1) (b), Stats.
33.40 Enforcement. Buffalo County may submit any order issued under s. 32 to abate
violations of this chapter to a district attorney, corporation counsel, municipal attorney or
the attorney general for enforcement. The district attorney, corporation counsel,
municipal attorney or the attorney general may enforce those orders.
SECTION 34
34.00 Penalties. Any violation of Subchapter I of Chapter 295, Wisconsin Statutes, Chapter
NR 135, Wisconsin Administrative Code, this chapter, a permit issued pursuant to this
chapter or a reclamation plan required by s. 13 and a permit issued under this chapter
may result in forfeitures as provided in Section 295.19(3), Wisconsin Statutes, as follows:
(1) Any person who violates Chapter NR 135, Wisconsin Administrative Code or an
order issued under s. 33 may be required to forfeit not less than $25 nor more than
$1,000 for each violation. Each day of continued violation is a separate offense.
While an order issued under s. 323is suspended, stayed or enjoined, this penalty
does not accrue.
(2) Except for the violations referred to in sub. (1), any person who violates subchapter
I of ch. 295, Stats., Chapter NR 135, Wisconsin Administrative Code, any
reclamation plan approved pursuant to this chapter or an order issued pursuant to s.
33 shall forfeit not less than $10 nor more than $5,000 for each violation. Each day
of violation is a separate offense. While an order issued under s. 33 is suspended,
stayed or enjoined, this penalty does not accrue.
35
